Amended guidance issued under section 182 of the Licensing Act ...

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9.5 It is for the licensing authority to determine whether a representation (other than arepresentation from responsible authority) is frivolous or vexatious on the basis of whatmight ordinarily be considered to be vexatious or frivolous. A representation may beconsidered to be vexatious if it appears to be intended to cause aggravation or annoyance,whether to a competitor or other person, without reasonable cause or justification.Vexatious circumstances may arise because of disputes between rival businesses and localknowledge will therefore be invaluable in considering such matters. Licensing authoritiescan consider the main effect of the representation, and whether any inconvenience orexpense caused by it could reasonably be considered to be proportionate.9.6 Frivolous representations would be essentially categorised by a lack of seriousness.Frivolous representations would concern issues which, at most, are minor and in relation towhich no remedial steps would be warranted or proportionate.9.7 Any person who is aggrieved by a rejection of their representations on either of thesegrounds may lodge a complaint through the local authority’s corporate complaintsprocedure. A person may also challenge the authority’s decision by way of judicial review.9.8 Licensing authorities should not take decisions about whether representations are frivolous,vexatious or relevant to the licensing objectives on the basis of any political judgement.This may be difficult for councillors who receive complaints from residents within theirown wards. If consideration is not to be delegated, contrary to the recommendation in thisGuidance, an assessment should be prepared by officials for consideration by the subcommitteebefore any decision is taken that necessitates a hearing. Any councillor whoconsiders that their own interests are such that they are unable to consider the matterindependently should disqualify themselves.9.9 It is recommended that, in borderline cases, the benefit of the doubt about any aspect of arepresentation should be given to the person making that representation. The subsequenthearing would then provide an opportunity for the person or body making the representationto amplify and clarify it.9.10 Licensing authorities should consider providing advice on their websites about how anyperson can make representations to them.THE ROLE OF RESPONSIBLE AUTHORITIES9.11 Responsible authorities under the 2003 Act are automatically notified of all newapplications. Whilst all responsible authorities may make representations regardingapplications for licences and club premises certificates and full variation applications, it isthe responsibility of each responsible authority to determine when they have appropriategrounds to do so.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200369
REPRESENTATIONS FROM THE POLICE9.12 In their role as a responsible authority, the police are an essential source of advice andinformation on the impact and potential impact of licensable activities, particularly on thecrime and disorder objective. The police have a key role in managing the night-time economyand should have good working relationships with those operating in their local area. Thepolice should be the licensing authority’s main source of advice on matters relating to thepromotion of the crime and disorder licensing objective, but may also be able to makerelevant representations with regards to the other licensing objectives if they have evidenceto support such representations. The licensing authority should accept all reasonable andproportionate representations made by the police unless the authority has evidence thatto do so would not be appropriate for the promotion of the licensing objectives. However,it remains incumbent on the police to ensure that their representations can withstand thescrutiny to which they would be subject at a hearing.LICENSING AUTHORITIES ACTING AS RESPONSIBLE AUTHORITIES9.13 Licensing authorities are included in the list of responsible authorities. A similar frameworkexists in the Gambling Act 2005. The 2003 Act does not require responsible authoritiesto make representations about applications for the grant of premises licences or totake any other steps in respect of different licensing processes. It is, therefore, for thelicensing authority to determine when it considers it appropriate to act in its capacity as aresponsible authority; the licensing authority should make this decision in accordance withits duties under section 4 of the 2003 Act.9.14 Licensing authorities are not expected to act as responsible authorities on behalf of otherparties (for example, local residents, local councillors or community groups) although thereare occasions where the authority may decide to do so. Such parties can make relevantrepresentations to the licensing authority in their own right, and it is reasonable for thelicensing authority to expect them to make representations themselves where they arereasonably able to do so. However, if these parties have failed to take action and thelicensing authority is aware of relevant grounds to make a representation, it may choose toact in its capacity as responsible authority.9.15 It is also reasonable for licensing authorities to expect that other responsible authoritiesshould intervene where the basis for the intervention falls within the remit of that otherresponsible authority. For example, the police should make representations wherethe representations are based on concerns about crime and disorder. Likewise, it isreasonable to expect the local authority exercising environmental health functions to makerepresentations where there are concerns about noise nuisance. Each responsible authorityhas equal standing under the 2003 Act and may act independently without waiting forrepresentations from any other responsible authority.9.16 The 2003 Act enables licensing authorities to act as responsible authorities as a means ofearly intervention; they may do so where they consider it appropriate without having to waitfor representations from other responsible authorities. For example, the licensing authority70 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
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Contents1. Introduction............
Page 7:
LICENSING POLICIES1.11 Section 5 of
Page 11 and 12:
2.10 A condition must also be capab
Page 13 and 14:
• Ensuring appropriate and freque
Page 15 and 16:
SAFE CAPACITIES2.28 “Safe capacit
Page 17 and 18:
2.38 Measures to control light poll
Page 19 and 20: 2.49 The 2003 Act provides that, wh
Page 21: alcohol to its customer, an authori
Page 25: --have given an objection notice be
Page 28 and 29: 4.26 Only one DPS may be specified
Page 32 and 33: y the licence, it would be necessar
Page 34 and 35: to the statutory conditions in resp
Page 36 and 37: VEHICLES5.19 Under the 2003 Act, al
Page 38 and 39: 5.29 Venues that are permanent or p
Page 40 and 41: 6.7 The 2003 Act does not prevent v
Page 42 and 43: 7. Temporary event notices (TENs)7.
Page 44 and 45: STANDARD AND LATE TEMPORARY EVENT N
Page 46 and 47: licence conditions on the TEN (inso
Page 48 and 49: 8. Applications for premises licenc
Page 50 and 51: Executive and local authority healt
Page 52 and 53: premises licences may be found eith
Page 54 and 55: • the required fee (details of fe
Page 56 and 57: 8.41 All parties are expected to wo
Page 58 and 59: variations, there is no right to a
Page 60 and 61: LICENSING HOURS8.62 Variations to t
Page 62 and 63: unenforceable. This would be accept
Page 64 and 65: 8.81 Licensing authorities in Wales
Page 66 and 67: 8.93 When a person applies for a pr
Page 68 and 69: to take place pending a formal appl
Page 72 and 73: may (in a case where it has applied
Page 74 and 75: HEARINGS9.27 Regulations governing
Page 76 and 77: considered on a case-by-case basis.
Page 78: CONSISTENCY WITH STEPS DESCRIBED IN
Page 81 and 82: 10.27 Licensing authorities may wis
Page 83 and 84: prohibit a number of types of drink
Page 85 and 86: 10.50 The following factors should
Page 87 and 88: alcohol included in it or not targe
Page 89 and 90: 10.70 As well as making the drinks
Page 91 and 92: 11. ReviewsTHE REVIEW PROCESS11.1 T
Page 93 and 94: 11.12 If the application for a revi
Page 95 and 96: 11.22 For example, licensing author
Page 97 and 98: • for unlawful gambling; and• f
Page 99 and 100: LICENSING POLICY STATEMENTS AND SEC
Page 101 and 102: 13. Statements of licensing policy1
Page 103 and 104: 13.12 Statements of policies should
Page 105 and 106: EVIDENCE OF CUMULATIVE IMPACT13.23
Page 107 and 108: EFFECT OF SPECIAL POLICIES13.29 The
Page 109 and 110: • Police enforcement of the gener
Page 111 and 112: the 2003 Act and any licence or cer
Page 113 and 114: PROMOTION OF EQUALITY13.59 A statem
Page 115 and 116: 14. Suspension for non-payment of f
Page 117 and 118: 15. Live music and regulated entert
Page 119 and 120: audience and are provided to, at le
Page 121 and 122:
SPONTANEOUS MUSIC, SINGING AND DANC
Page 123:
Published by TSO (The Stationery Of
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